SANTA FE COUNTY FIRE DEPARTMENT REQUEST FOR …...maintain during the life of this Agreement a...
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SANTA FE COUNTY FIRE DEPARTMENT REQUEST FOR PROPOSALS RFP NO. 2021-0030-FD/MM ELECTRONIC MEDICAL AND FIRE REPORTING SYESTM FOR THE SANTA FE COUNTY FIRE DEPARTMENT (SFCFD) NM Commodity Code: 20860 OCTOBER 2020
Transcript of SANTA FE COUNTY FIRE DEPARTMENT REQUEST FOR …...maintain during the life of this Agreement a...
SANTA FE COUNTY
FIRE DEPARTMENT
REQUEST FOR PROPOSALS
RFP NO. 2021-0030-FD/MM
ELECTRONIC MEDICAL AND FIRE REPORTING
SYESTM FOR THE SANTA FE COUNTY FIRE
DEPARTMENT (SFCFD)
NM Commodity Code: 20860
OCTOBER 2020
RFP NO. 2021-0030-FD/MM
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TABLE OF CONTENTS
PAGE
NO.
I. ADVERTISEMENT .......................................................................................................4
II. INTRODUCTION ...........................................................................................................5
A. PURPOSE OF THIS REQUEST FOR PROPOSAL ............................................5
B. BACKGROUND ...................................................................................................5
C. SCOPE OF WORK ...........................................................................................5
D. INSURANCE REQUIREMENTS ........................................................................7
E. PROCUREMENT MANAGER ........................................................................7
F. DEFINITION OF TERMINOLOGY .....................................................................8
III. CONDITIONS GOVERNING THE PROCUREMENT.................................................9
A. SEQUENCE OF EVENTS ....................................................................................9
B. EXPLANATION OF EVENTS ...........................................................................10
1. Issuance of RFP ..............................................................................................10
2. Pre-Proposal Conference ................................................................................10
3. Acknowledgement of Receipt Form Due ..................................................10
4. Deadline to Submit Additional Written Questions ...................................10
5. Response to Written Questions .................................................................10
6. Submission of Proposals ...........................................................................11
7. Proposal Evaluation ...................................................................................11
8. Selection of Finalists .................................................................................11
9. Best and Final Offers from Finalists (If applicable) .................................11
10. Oral Presentations by Finalists (If applicable) ..........................................12
11. Contract Negotiations ....................................................................................12
12. Contract Award .........................................................................................12
13. Right to Protest .........................................................................................12
C. GENERAL REQUIREMENTS ...........................................................................13
1. Acceptance of Conditions Governing the Procurement .................................13
2. Incurring Cost ................................................................................................13
3. Prime Contractor Responsibility ...............................................................13
4. Subcontractors ...........................................................................................13
5. Amended Proposals ...................................................................................13
6. Offerors’ Rights to Withdraw Proposal ....................................................13
7. Proposal Offer Firm ..................................................................................14
8. Disclosure of Proposed Contents ..............................................................14
9. No Obligation ............................................................................................14
10. Termination ...............................................................................................14
11. Sufficient Appropriation ................................................................................14
12. Legal Review ............................................................................................15
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13. Governing Law .........................................................................................15
14. Basis for Proposal ..........................................................................................15
15. Contract Terms and Conditions .....................................................................15
16. Contract Deviations ..................................................................................15
17. Offeror Qualifications ..............................................................................15
18. Right to Waive Minor Irregularities ........................................................15
19. Change in Contractor Representatives .....................................................15
20. Notice .......................................................................................................16
21. County Rights ..........................................................................................16
22. Right to Publish .......................................................................................16
23. Ownership of Proposals ...............................................................................16
24. Electronic Mail Address Recommended .................................................16
25. Preference in Procurement by Santa Fe County ......................................16
26. Double-Sided Documents ........................................................................18
27. Living Wage ............................................................................................18
IV. RESPONSE FORMAT AND ORGANIZATION ........................................................19
A. NUMBER OF RESPONSES ...............................................................................19
B. NUMBER OF COPIES .......................................................................................19
C. PROPOSAL FORMAT .......................................................................................19
1. Proposal Organization ...............................................................................19
2. Letter of Transmittal ..................................................................................20
V. SPECIFICATIONS .......................................................................................................21
A. INFORMATION .................................................................................................21
1. Time Frame ...............................................................................................21
B. EVALUATION CRITERIA ................................................................................21
1. Introduction ...............................................................................................21
2. Technical Competence and Specialized Experience .................................21
3. Evidence of Understanding Scope of Work ..............................................21
4. Capacity and Capability ............................................................................21
C. PROPOSED FEE SCHEDULE ......................................................................21
VI. EVALUATION OF PROPOSALS ...............................................................................22
A. EVALUATION SCORING .................................................................................22
B. EVALUATION PROCESS .................................................................................23
APPENDICES
A. Acknowledgement of Receipt Form ....................................................................24
B. Campaign Contribution Disclosure Form ............................................................25
C. Resident Veterans Preference Certification ....................................................28
D. Proposed Fee Schedule ........................................................................................29
E. Sample Agreement ..........................................................................................30
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I. ADVERTISEMENT
SANTA FE COUNTY
ELECTRONIC MEDICAL AND FIRE REPORTING SOFTWARE SYSTEM FOR
SANTA FE COUNTY FIRE DEPARTMENT (SFCFD)
RFP NO. 2021-0030-FD/MM
Santa Fe County requests proposals from qualified vendors or firms to provide Electronic Medical
and Fire Reporting System for Santa Fe Fire Department (SFCFD). All proposals submitted
shall be valid for ninety (90) days subject to action by the County. Santa Fe County reserves the
right to reject any and all proposals in part or in whole. A completed proposal shall be submitted in
a sealed container indicating the proposal title and number along with the Offeror's name and
address clearly marked on the outside of the container. All proposals must be received by 2:00PM
on Friday, October 23, 2020, at the Santa Fe County Purchasing Division, 102 Grant Avenue,
Santa Fe, NM 87501. To combat the spread of the recent COVID-19 illness, the submission of
Proposals will also be accepted electronically utilizing a DropBox. Please utilize this link to upload
your proposal submission. https://www.dropbox.com/request/zLPB85WFBzHbFCsH1abX
By submitting a proposal for the requested services each Offeror is certifying that it is a qualified
firm and its proposal complies with the requirements stated within the Request for Proposals.
There will not be a pre-proposal conference. If you have any questions concerning this RFP, please
e-mail Maricela Martinez at [email protected], no later than October 12, 2020.
EQUAL EMPLOYMENT OPPORTUNITY: All qualified Offerors will receive consideration of
contract(s) without regard to race, color, religion, sex or national origin, ancestry, age, physical and
mental handicap, serious medical condition, disability, spousal affiliation, sexual orientation or gender
identity.
Request for Proposals will be available by contacting Maricela Martinez, Procurement Planner
Analyst, 102 Grant Avenue, First Floor, Santa Fe, New Mexico 87501, or by telephone at (505)
992-9864, or by email at [email protected] or on our website at
http://www.santafecountynm.gov/asd/current_bid_solicitations.
PROPOSALS RECEIVED AFTER THE DATE AND TIME SPECIFIED ABOVE WILL NOT
BE CONSIDERED AND WILL BE REJECTED BY SANTA FE COUNTY.
Santa Fe County
Published October 4 & 5, 2020
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II. INTRODUCTION
A. PURPOSE OF THIS REQUEST FOR PROPOSAL
Santa Fe County is seeking a vendor to provide electronic medical and fire reporting system
for the purpose of collecting and reporting data related to a diverse emergency services
organization to identify flaws for system improvements.
B. BACKGROUND
SFCFD is a combination fire department integrating paid staff and the service of dedicated
volunteers. Formed in 1997 from the consolidation of 14 volunteer fire districts and the
former Office of the County Fire Marshal, SFCFD protects approximately 1900 square miles
of unincorporated area as well as the incorporated Town of Edgewood. Within these borders,
the Department provides protection to approximately 76,000 residents, as well as several
million square feet of commercial development. Santa Fe County is also home to four
Pueblos – Nambe, Pojoaque, Tesuque, and San Ildefonso - which rely on the Santa Fe
County Fire Department for emergency services. The Department maintains 34 fire
stations countywide including five staffed regional stations and one staffed substation.
C. SCOPE OF WORK
1. Contractor shall provide a reporting software to collect data and report data related to
diverse emergency services organizations and must allow for data reporting and analysis
intended to report on system effectiveness and help pinpoint flaws for system
improvements.
Software specific requirements include:
2. Function as both web based and non-web based modes for offline use.
a) Store data with the ability to connect and upload to the web when data
connection is available.
b) Must allow staff to enter or edit location, occupant, and inspection
records while offline and working in the field.
c) Must synchronize all data bidirectionally with web based program.
3. Maintain records of inventory for apparatus and equipment, and capable to upload and
integrate maintenance records.
4. Ability to recognize and store as well as generate patient information on frequent or
reoccurring patients for a minimum of 3 months.
5. Ability to maintain documentation on various aspects of fire investigations, pre-plans,
hydrant, hose and ladder testing and training.
6. The ability to consolidate and share data with outlying hospitals, collaborators, and
agencies where agreements exist.
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a) Integration with local hospitals to quickly transmit patient information.
b) Must have an Electronic Protected Health Information (ePHI) Data Export
Hospital Hub for transmitting ePHI data to a minimum of 5 Hospitals at
SFCFD's discretion.
c) Hospital Hub ePHI Data Export is necessary to provide data necessary to
SFCFD to enable medical providers to see and review incoming EMS patient
Electronic Patient Care Reporting (ePCR) for purposes of improving patient
care, and other associated needs a hospital receiving emergency patient
delivery may be a part of Healthcare Operation.
d) Able to transmit patient ePCR data and reasonably necessary associated
identified data via the Hospital Hub user interface.
7. Support the creation of dynamic reports of varying types:
a) Ability to access full summary of statistics such as EMS/Fire Run report data,
data to ensure completeness, Engine and/or Med response average reports,
annual survey reports, averages of response times, medications administered,
medical procedures performed, etc.
b) Trending of procedures, transports and patient outcomes.
c) To monitor key performance indicators which will help to reveal any trends.
d) To identify re-occurring patients, call locations, and call types within the
system for community outreach program, and provision of statistical
information for further assistance and care.
e) Provide active data monitoring on key outcomes such as response times,
medications and procedures.
8. Integration with the new Computer Aided Dispatch (CAD) system at the Regional
Emergency Communication Center - currently a Central Square product.
a) Must have the ability to easily integrate CAD data into reports to ensure
accurate data.
b) CAD data must be obtained via a file export, a query or sent directly to web
based service.
9. Integration with medical and response billing companies for efficiency - currently Quick
Med Claims.
10. Must have the ability to capture an e-signature of crew members completing a (Patient
Care Report) PCR and can capture electronic signatures of all crew members, patients
and/ or other cooperators.
11. Ability to maintain records system for all aspects of daily operations, training, fire
prevention, mechanics and volunteer districts.
12. Must have fire reporting systems for compliant data collection to include but not limited
to locations, occupants, and inspections module.
13. Able to import Electrocardiogram (EKG) functionality and integration.
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14. Integrate with SFCFD training software to provide training and activities information,
such as class attendees, etc. - currently Target Solutions.
15. Automatically export a National EMS Information System (NEMSIS) and National Fire
Incident Reporting System (NFIRS) file for billing or reporting when necessary, and/or
specific criteria are met.
16. Community Health Module - County Opioid Outreach Program (COOP) to be
configured to Department's needs.
a) Ability to select "COOP" box for referral/ data collection and identify
specific call types
b) Track district call volume in regard to each specific call type for data
collection.
c) Track each patient/ client by Date of Birth (DOB), Social Security Number
(SS#), and address.
d) Ability to notify COOP program when patient/ client has contacted 911.
e) Ability to transfer data from current reporting system to new system.
f) Track frequent utilizers by Name, DOB, address and SS#.
17. Must be compliance standards:
a) The Health Insurance Portability and Accountability Act (HIPAA) of 1996,
the U.S. Department of Health and Human Services (HHS) promulgated the
standards for Privacy of Individually Identifiable Health Information to
protect the privacy of certain individually identifiable health information
(Protected Health Information or PHI).
b) Electronic health records must meet the security standards for the protection
of electronic protected health information (EPHI) pursuant to HIPAA and
HHS.
c) Vendor shall use PHI in compliance with 45C.F.R§164.504(e).
18. Software must be able to transmit to SFCFD staff and personnel (non-PHI) data.
19. Server must be hosted and configured to prevent data loss due to hardware failure.
a) Appropriate and substantial data storage, protection, and recovery.
b) Ability to migrate existing data into new system.
c) Must have existing partnership or interface with Central Square.
20. Support the software including existing software support, provide 24 hour unlimited
telephone support for SFCFD and Santa Fe County Information Technology (IT) staff.
21. On-site resources for the initial system set up, including debugging, help-response to
users, one on one training with critical users and other recommended approaches to
assure a smooth implementation. All supporting technical user documentations, help
files, data files, libraries, software customizations and modifications.
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A. INSURANCE REQUIREMENTS
The insurance required by Offeror are listed below.
1. General Conditions. Contractor shall submit evidence of insurance as is required
herein. Policies of insurance shall be written by companies authorized to write such
insurance in New Mexico.
2. General Liability Insurance, Including Automobile. Contractor shall procure and
maintain during the life of this Agreement a comprehensive general liability and
automobile insurance policy with liability limits in amounts not less than $1,000,000
combined single limits of liability for bodily injury, including death, and property
damage for any one occurrence. Said policies of insurance shall include coverage
for all operations performed for County by Contractor; coverage for the use of all
owned, non-owned, hired automobiles, vehicles and other equipment, both on and
off work; and contractual liability coverage under which this Agreement is an
insured contract. County of Santa Fe shall be a named additional insured on the
policy.
3. Workers’ Compensation Insurance. Contractor shall comply with the provisions of
the Workers’ Compensation Act.
4. Professional Liability Insurance. The Contractor shall procure and maintain during
the life of this Agreement a Professional Liability Insurance.
5. Increased Limits. If, during the life of this Agreement, the Legislature of the State
of New Mexico increases the maximum limits of liability under the Tort Claims Act
(NMSA 1978, Sections 41-4-1 through 41-4-29, as amended), Contractor shall
increase the maximum limits of any insurance required herein.
B. PROCUREMENT MANAGER
The County has designated a Procurement Manager who is responsible for the conduct of
this procurement whose name, address and telephone number is listed below. All deliveries
via express carrier should be addressed as follows:
Maricela Martinez, Procurement Planner Analyst
Santa Fe County Purchasing Division
142 W. Palace Avenue, Second Floor
Santa Fe, NM 87501
(505) 992-9864
Email: [email protected]
Any inquiries or requests regarding this procurement should be submitted to the
Procurement Manager in writing. Offerors may contact ONLY the Procurement Manager
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regarding the procurement. Other County employees do not have the authority to respond
on behalf of the County.
C. DEFINITION OF TERMINOLOGY
This section contains definitions and abbreviations that are used throughout this
procurement document.
This section contains definitions and abbreviations that are used throughout this procurement
document.
“BCC” means the Santa Fe County Board of County Commissioners
“Close of Business” means 5:00 PM Mountain Standard Time or Mountain Daylight Time,
whichever is in effect on the date given.
“Contract” or “Agreement” means a written agreement for the procurement of items of
tangible personal property or services.
“Contractor” means a successful offeror who enters into a binding contract.
“County” means Santa Fe County.
“Determination” means the written documentation of a decision by the Procurement Manager
including findings of fact supporting a decision. A determination becomes part of the
procurement file.
“Desirable” The terms “may”, “can”, “should”, “preferably”, or “prefers” identify a desirable
or discretionary item or factor (as opposed to “mandatory”).
“Evaluation Committee” means a body appointed by the County management to perform the
evaluation of offeror proposals.
“Finalist” is defined as an offeror who meets all the mandatory specifications of this Request
for Proposals and whose score on evaluation factors is sufficiently high to merit further
consideration by the Evaluation Committee.
“Mandatory” The terms “must”, “shall”, “will”, “is required”, or “are required”, identify a
mandatory item or factor (as opposed to “desirable”). Failure to meet a mandatory item or
factor will result in the rejection of the offeror’s proposal.
“Offeror” is any person, corporation, or partnership who chooses to submit a proposal.
“Procurement Manager” means the person or designee authorized by the County to manage
or administer a procurement requiring the evaluation of competitive sealed proposals.
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“Purchasing Division” means the Santa Fe County Purchasing Division, Finance
Department.
“Request for Proposals” or “RFP” means all documents, including those attached or
incorporated by reference, used for soliciting proposals.
“Responsible Offeror” means an offeror who submits a responsive proposal and who has
furnished, when required, information and data to prove that its financial resources, production
or service facilities, personnel, service reputation and experience are adequate to make
satisfactory delivery of the services or items of tangible personal property described in the
RFP.
“Responsive Offer” or “Responsive Proposal” means an offer or proposal which conforms
in all material respects to the requirements set forth in the request for proposals. Material
respects of a request for proposals include, but are not limited to, price, quality, quantity or
delivery requirements.
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III. CONDITIONS GOVERNING THE PROCUREMENT
This section of the RFP contains the schedule for the procurement, describes the major
procurement events and the conditions governing the procurement.
A. SEQUENCE OF EVENTS
The Procurement Manager will make every effort to adhere to the following schedule:
Action Responsibility Date
1. Issuance of RFP Purchasing Division October 4 & 5, 2020
2. Pre-Proposal Conference
Owner/Offerors/
Purchasing
N/A
3. Acknowledgement of Receipt Form Offerors October 12, 2020
4. Deadline to Submit Additional Questions Offerors October 12, 2020
5. Response to Written Questions Purchasing Division October 15, 2020
6. Submission of Proposal
(2:00 PM)
Offerors October 23, 2020
7. Proposal Evaluation Review Evaluation Committee October 2020
8. Selection of Finalist Evaluation Committee October 2020
9. Oral Presentation by Finalists
(if applicable)
Offeror October 2020
10. Contract Negotiations County, Offeror October 2020
11. Contract Award Purchasing Division October 2020
Note: If the Evaluation Committee makes a selection at the Selection of Finalists, event 9 will
not occur.
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B. EXPLANATION OF EVENTS
The following paragraphs describe the activities listed in the sequence of events shown in
Section III, Paragraph A.
1. Issuance of RFP
This RFP is being issued by the Santa Fe County Fire Department and the Purchasing
Division.
2. Pre-Proposal Conference
A Pre-Proposal Conference and Site Visit are scheduled to occur on the date indicated
in the Sequence of Events at Section III.A. Questions may be submitted at the Pre-
Proposal Conference and until the date indicated in the Sequence of Events at Section
III.A. All questions must be in writing and e-mailed to
[email protected]. A public log will be kept of the names of
potential offerors who attended the Pre-Proposal Conference and the Site Visit.
3. Acknowledgement of Receipt Form
Potential offerors should hand-deliver, return by facsimile or e-mail the
Acknowledgement of Receipt Form provided as Appendix A to have its name and
firm placed on the procurement distribution list. The form should be signed by an
authorized representative of the organization, dated and returned by close of business
on October 12, 2020.
The procurement distribution list will be used for the distribution of written
responses to questions and any RFP addenda.
4. Deadline to Submit Additional Written Questions
Potential offerors may submit written questions regarding this RFP until the close of
business on the date indicated in the Sequence of Events at Section III.A. All
written questions must be addressed to the Procurement Manager, listed in Section
II.E and sent via facsimile or e-mail. Any contact with any other County staff
member other than the Procurement Manager named in this solicitation will be
grounds for rejection of a proposal.
5. Response to Written Questions
Written responses to written questions and any RFP addenda will be distributed on
the date indicated in the Sequence of Events at Section III.A, to all potential offerors
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whose names appear on the procurement distribution list.
Additional written requests for clarification of distributed answers or addenda must
be received by the Procurement Manager no later than one (1) day after the answers
or addenda were issued.
6. Submission of Proposal
ALL OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND
EVALUATION BY THE PROCUREMENT MANAGER OR DESIGNEE NO
LATER THAN 2:00 PM Friday, October 23, 2020. Proposals received after this
deadline will not be accepted. The date and time of receipt will be recorded on each
proposal. Proposals must be addressed and delivered to the Procurement Manager at
the address listed in Section II.E. Proposals must be sealed and labeled on the
outside of the package to clearly indicate that they are in response to the County's
Request for Proposals No. 2021-0030-FD/MM. Proposals may also be submitted
electronically via Dropbox at the link provided below. https://www.dropbox.com/request/zLPB85WFBzHbFCsH1abX
Proposals must be delivered to:
Maricela Martinez, Procurement Planner Analyst
Santa Fe County Purchasing Division
142 W. Palace Avenue (Second Floor)
Santa Fe, New Mexico 87501
A public log will be kept of the names of all offeror’s who submitted proposals.
Pursuant to NMSA 1978, Section 13-1-116, the contents of any proposal shall not
be disclosed so as to be available to competing offerors during the negotiation
process.
7. Proposal Evaluation
The evaluation of proposals will be performed by an Evaluation Committee
appointed by the Procurement Manager. This process will take place during the
timeframe indicated in the Sequence of Events at III.A. During this time, the
Procurement Manager may initiate discussions with offerors who submit responsive
or potentially responsive proposals for the purpose of clarifying aspects of the
proposals, but proposals may be accepted and evaluated without such discussion.
Discussions SHALL NOT be initiated by the offerors.
8. Selection of Finalists (If Applicable)
The Evaluation Committee may select and the Procurement Manager may notify the
finalist offerors on the date indicated in the Sequence of Events at Section III.A.
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Only finalists will be invited to participate in the subsequent steps of the procurement
if the finalist process is used.
9. Best and Final Offers from Finalists (If Applicable)
Finalist offerors may be asked to submit revisions to their proposals for the purpose
of obtaining best and final offers by the date indicated in the Sequence of Events at
Section III.A.
10. Oral Presentation by Finalists (If Applicable)
Finalist offerors may be required to present their proposals to the Evaluation
Committee. The Procurement Manager will schedule the time for each offeror
presentation. All offeror presentations will be held at the Santa Fe County Purchasing
Division, 142 W. Palace Avenue (Second Floor), Santa Fe, New Mexico or a location
decided by the Procurement Manager. Each presentation will be limited to one (1)
hour in duration.
11. Contract Negotiations
The contract will be finalized with the most advantageous offeror during the
timeframe indicated in the Sequence of Events at Section III.A. In the event that
mutually agreeable terms cannot be reached within the time specified, the County
reserves the right to finalize a contract with the next most advantageous offeror
without undertaking a new procurement process.
12. Contract Award
The County anticipates awarding the contract on the date in the Sequence of Events
at Section III.A. These dates are subject to change at the discretion of the Santa Fe
County Purchasing Manager.
The contract shall be awarded to the offeror or offerors whose proposal is most
advantageous to the County, taking into consideration the evaluation factors set forth
in the RFP. The most advantageous proposal may or may not have received the
most points.
13. Right to Protest
Any protest by an offeror must be timely and in conformance with NMSA 1978,
Section 13-1-172 and applicable procurement regulations. Protests must be written
and must include the name and address of the protestor and the request for proposals
number. It must also contain a statement of grounds for protest including appropriate
supporting exhibits. The protests must be delivered to the Santa Fe County
Purchasing Division:
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Santa Fe County
Attn: Procurement Office
P.O. Box 276
Santa Fe, New Mexico 87504
Protests will not be accepted by facsimile or other electronic means.
Protests received after the deadline will not be accepted.
C. GENERAL REQUIREMENTS
This procurement will be conducted in accordance with Chapter 13, NMSA 1978, NMAC
1.4.1 and the Santa Fe County Procurement Regulations.
1. Acceptance of Conditions Governing the Procurement
Offerors must indicate their acceptance of the Conditions Governing the Procurement
section in the letter of transmittal. Submission of a proposal constitutes acceptance
of the terms and conditions of the contract template attached hereto as Appendix E.
2. Incurring Cost
Any cost incurred by the offeror in preparation, transmittal, presentation of any
proposal or material submitted in response to this RFP shall be borne solely by the
offeror.
3. Prime Contractor Responsibility
Any contract that may result from this RFP shall specify that the prime contractor is
solely responsible for fulfillment of the contract with the County. The County will
make contract payments to only the prime contractor.
4. Subcontractors
Use of subcontractors must be clearly explained in the proposal, and major
subcontractors must be identified by name. The prime contractor shall be wholly
responsible for the performance of the contract with the County whether or not subcon-
tractors are used.
5. Amended Proposals
An offeror may submit an amended proposal before the deadline for receipt of
proposals. Such amended proposal must be a complete replacement of the previously
submitted proposal and must be clearly identified as such in the transmittal letter.
County personnel will not merge, collate, or assemble proposal materials.
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6. Offerors' Rights to Withdraw Proposal
Offerors will be allowed to withdraw their proposals at any time prior to the deadline
for receipt of proposals. The offeror must submit a written withdrawal request signed
by the offeror's duly authorized representative addressed to the Procurement Manager.
The approval or denial of withdrawal requests received after the deadline for receipt
of the proposals is governed by the applicable procurement regulations.
7. Proposal Offer Firm
Responses to this RFP, including proposal prices, will be considered firm for 90 days
after the due date for receipt of proposals or 90 days after receipt of a best and final
offer if one is submitted.
8. Disclosure of Proposal Contents
Proposals shall not be opened publicly and shall not be open to public inspection until
after an offeror has been selected for award of a contract.
An offeror may request in writing non-disclosure of confidential data. Proprietary or
confidential data shall be readily separable from the proposal in order to facilitate
eventual public inspection of the non-confidential portion of the proposal. Confiden-
tial data is normally restricted to confidential financial information concerning the
offeror's organization and data that qualifies as a trade secret in accordance with the
Uniform Trade Secrets Act, 57-3A-1 to 57-3A-7, NMSA 1978. The price of products
offered or the cost of services proposed shall not be designated as proprietary or
confidential information.
If a request is received for disclosure of data for which an offeror has made a written
request for confidentiality, the Santa Fe County Procurement Manger shall examine
the offeror's request and make a written determination that specifies which portions of
the proposal should be disclosed. Unless the offeror takes legal action to prevent the
disclosure, the proposal will be so disclosed. The proposal shall be open to public
inspection subject to any continuing prohibition on the disclosure of confidential data.
9. No Obligation
This procurement in no manner obligates Santa Fe County or any of its departments
to the use of any proposed professional services until a valid written contract is
awarded and approved by the appropriate authorities.
10. Termination
This RFP may be canceled at any time and any and all proposals may be rejected in
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whole or in part when the County determines such action to be in the best interest of
the County
11. Sufficient Appropriation
Any contract awarded as a result of this RFP process may be terminated if sufficient
appropriations or authorizations do not exist. Such termination will be effected by
sending written notice to the contractor. The County's decision as to whether
sufficient appropriations and authorizations are available will be accepted by the
contractor as final.
12. Legal Review
The County requires that all offerors agree to be bound by the General Requirements
contained in this RFP. Any offeror concerns must be promptly brought to the atten-
tion of the Procurement Manager.
13. Governing Law
This procurement and any agreement with offerors that may result shall be governed
by the laws of the State of New Mexico.
14. Basis for Proposal
Only information supplied by the County in writing through the Procurement Manager
or in this RFP should be used as the basis for the preparation of offeror proposals.
15. Contract Terms and Conditions
The contract between the County and the Contractor will follow the format specified
by the County and contain the terms and conditions set forth in Appendix E.
16. Contract Deviations
Any additional terms and conditions, which may be the subject of negotiation, will be
discussed only between the County and the selected offeror and shall not be deemed
an opportunity to amend the proposal.
17. Offeror Qualifications
The Evaluation Committee may make such investigations as necessary to determine
the ability of the offeror to adhere to the requirements specified within this RFP. The
Evaluation Committee will reject the proposal of any offeror who is not a responsible
offeror or fails to submit a responsive offer as defined in Sections 13-1-83 and 13-1-
85 NMSA, 1978, subject to Procurement Manager approval.
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18. Right to Waive Minor Irregularities
The Evaluation Committee reserves the right to waive minor technical irregularities.
This right is at the sole discretion of the Evaluation Committee subject to the
Procurement Manager approval.
19. Change in Contractor Representatives
The County reserves the right to require a change in contractor representatives if the
assigned representatives are not, in the opinion of the County, meeting the County’s
needs adequately. Any change in contractor representative must receive prior County
approval.
20. Notice
The Procurement Code, Sections 13-1-28 through 13-1-199, NMSA 1978, imposes
civil and misdemeanor criminal penalties for its violation. In addition, the New
Mexico criminal statutes impose felony penalties for bribes, gratuities and kick-backs.
21. County Rights
The County reserves the right to accept all or a portion of an offeror's proposal.
22. Right to Publish
Throughout the duration of this procurement process and contract term, potential
offerors and contractors must secure from the County written approval prior to the
release of any information that pertains to the potential work or activities covered by
this procurement or the subsequent contract. Failure to adhere to this requirement may
result in disqualification of the offeror's proposal or termination of the contract.
23. Ownership of Proposals
All documents submitted in response to this Request for Proposals shall become the
property of the County. However, any technical or user documentation submitted with
the proposals of non-selected offerors shall be returned after the expiration of the
protest period.
24. Electronic Mail Address Recommended
A large part of the communication regarding this procurement will be conducted by
electronic mail (e-mail). It is recommended that the offeror should have a valid e-mail
address to receive e-mail correspondence.
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25. Preferences in Procurement by Santa Fe County
a. New Mexico In-state Preference.
New Mexico law, Section 13-4-2 NMSA 1978, provides a preference in the
award of a public works contract for an “in-state resident contractor”.
Application of a resident contractor preference for any Offeror requires the
Offeror to provide a copy of a valid and current certificate as a resident
contractor. Certificates are issued by the state taxation and revenue
department.
If an Offeror submits with its proposal a copy of a valid and current in-state
resident contractor certificate, 5% of the total weight of all evaluation factors
used in the evaluation of proposals may be awarded or added to the Offerors
score.
Certification by the department of taxation and revenue for the resident
contractor takes into consideration such activities as the business’ payment
of property taxes or rent in the state and payment of unemployment insurance
on employees who are residents of the state.
OR
b. New Mexico Resident Veteran Preference.
New Mexico law, Section 13-4-2 NMSA 1978, provides a preference in the
award of a public works contract for a “resident veteran contractor”.
Certification by the department of taxation and revenue for the resident
veteran business requires the Offeror to provide evidence of annual revenue
and other evidence of veteran status.
An Offeror who wants the veteran contractor preference to be applied to its
proposal is required to submit with its proposal the certification from the
department of taxation and revenue and the sworn affidavit attached hereto
as Appendix C.
If an Offeror submits with its proposal a copy of a valid and current veteran
resident contractor certificate, 10%, of the total weight of all the evaluation
factors used in the evaluation of proposals may be awarded or added to the
Offeror’s score.
The resident contractor preference is not cumulative with the resident
veteran contractor preference.
AND
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c. Santa Fe County Business Preference
Santa Fe County Ordinance 2012-4 provides for a County preference for a
“Santa Fe County business.” Application of the County preference in
procurement requires an Offeror to obtain and provide a Santa Fe County
Business Certificate issued by the Santa Fe County Procurement Manager.
Certification by the Procurement Manager takes into consideration the
business’ corporate standing in the state, business licensure or registration,
the duration of the business’ primary office location and the payment of
taxes.
If an Offeror submits with its proposal a copy of its Santa Fe County Business
Certificate issued by the Purchasing Manager, 5% of the total weight of all
the evaluation factors used in the evaluation of proposals may be awarded to
the Offerors score.
The Resident Business, Resident Veteran Business or Santa Fe County
Business preferences do not apply to procurement of services or goods
involving federal funds or federal grant funds.
26. Double-Sided Documents
All submitted bids/proposal documents shall be double-sided, pursuant to Santa Fe
County Resolution 2013-7, Adopting Sustainable Resource Management Principles,
Section 2. A. Waste Reduction and Reuse…” all documents are to be double-sided,
including those that are generated by outside entities using County funds and by
consultants and contractors doing business with the County”.
27. Living Wage
Contractor shall comply with the requirements of Santa Fe County Ordinance No.
2014-1 (Establishing a Living Wage).
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IV. RESPONSE FORMAT AND ORGANIZATION
A. NUMBER OF RESPONSES
Offerors shall submit only one response to this RFP.
B. NUMBER OF COPIES
Offerors shall deliver one (1) original and four (4) identical copies of their proposal to the
location specified in Section II, Paragraph E on or before the closing date and time for receipt
of proposals. If submitting responses electronically via Dropbox, please submit two (2)
separate files: one file for the proposal response and a separate file the Appendix D Proposed
Fee Schedule.
C. PROPOSAL FORMAT
All proposals shall be limited to fifteen (15) pages, with exception to professional licenses and
certifications, which shall be added as appendices. The document shall be typewritten on
standard 8 1/2 x 11 paper, with a font no smaller than 12 pt. pitch, with nominal 1” margins
and normal line spacing. Proposals shall be bound with tabs delineating each section.
To combat the spread of the recent COVID-19 illness, the submission of Proposals will be
accepted electronically utilizing a DropBox. Please utilize this link to upload your proposal
submission. https://www.dropbox.com/request/zLPB85WFBzHbFCsH1abX
1. Proposal Organization
The proposal must be organized and indexed in the following format and must contain,
as a minimum, all listed items in the sequence indicated.
a) Letter of Transmittal
b) Table of Contents
c) Response to Specifications – Evaluation Factors
d) Copy of insurance certificate
e) Cost Proposal (One in a separate sealed envelope with the original proposal
submission only, if submitting electronically submit as a separate file)
g) Campaign Contribution Disclosure Statement
Within each section of their proposal, offerors should address the items in the order in which
they appear in this RFP under Section V.B. EVALUATION FACTORS. All forms
provided in the RFP must be thoroughly completed and included in the appropriate section of
the proposal.
Any proposal that does not adhere to these requirements may be deemed non-responsive
and rejected on that basis.
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The proposal summary may be included by offerors to provide the Evaluation Committee
with an overview of the technical and business features of the proposal; however, this material
will not be used in the evaluation process unless specifically referenced from other portions
of the offeror's proposal.
Offerors may attach other materials that they feel may improve the quality of their responses.
However, these materials should be included as items in a separate appendix.
2. Letter of Transmittal
Each proposal must be accompanied by a letter of transmittal. The letter of
transmittal MUST:
a) Identify the submitting person or organization;
b) Identify the name and title of the person authorized by the organization to
contractually obligate the organization;
c) Identify the name, title and telephone number of the person authorized to
negotiate the contract on behalf of the organization;
d) Identify the names, titles and telephone numbers of persons to be contacted for
clarification;
e) Explicitly indicate Acceptance of the Conditions Governing the Procurement
stated in Section III, Paragraph C.1;
f) Be signed by the person authorized to contractually obligate the organization;
g) Acknowledge receipt of any and all amendments to this RFP;
h) Acknowledge and acceptance of the terms and conditions of the Agreement
attached as Appendix E.
THIS SECTION LEFT INTENTIONALLY BLANK
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V. SPECIFICATIONS
Offerors should respond in the form of a thorough narrative to each mandatory specification. The
narratives along with required supporting materials will be evaluated and awarded points
accordingly.
A. INFORMATION
Time Frame
The contract is scheduled to begin November 2020. Santa Fe County intends on awarding
a contract with an initial term of four years.
B. EVALUATION CRITERIA
A brief explanation of each mandatory specification is listed below. Offerors are encouraged
to fully address each category completely, as points are assigned for responses to each.
1. Introduction
Describe the vendors vision/mission and business philosophy.
Provide an overview of the vendor, including evidence of being a qualified
vendor to implement an Electronic Medical and Fire reporting system.
2. Technical Competence and Specialized Experience
Provide information about the vendor’s specific technical experience with
providing services comparable to the Scope of Work required in this RFP.
Include years of experience providing consultation services for similar
government entities of comparable size and complexity.
Provide information regarding the ability to successfully perform the
requirements of the scope.
Indicate the relevance of previous service contracts to the scope of work,
including any specialized experience.
Provide evidence of the vendor’s knowledge, skills and ability to design and
implement a software.
Provide information on software functionality and capabilities.
3. Evidence of Understanding Scope of Work
Provide an in-depth response and understanding of the requested scope of work.
Include an itemized description of services to be provided that correlates to the
scope of work. Include information regarding a work plan.
Specify how your services will meet and exceed the requirements of SFCFD.
Discuss challenges that might be expected based on this service, including
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existing conditions, location, site or any other factors.
Identify any limitations or restrictions in providing the required services.
Include information for any subcontractor or consultant that the Offeror has
indicated to be part of the project team including what areas of work they will
perform.
Any services that cannot be provided as required shall be noted.
4. Capacity and Capability
Provide information about the vendor’s approach in providing the required
services and capacity to implement the services and deliverables in a timely
manner.
Provide information regarding hosting, data recovery plan, data conversion.
Demonstrate experience and knowledge of designing and implementing
software.
Include your team’s organization and working relationships.
C. COST PROPOSAL (Appendix D) - provide in a separate sealed envelope with the
original proposal ONLY (do not include in each of the four additional copies, if
submitting electronically, please submit in a separate file in Dropbox).
Offeror shall propose its cost for the tasks listed in the scope of work. A cost sheet is
provided as Appendix D.
VI. EVALUATION
A. EVALUATION SCORING
The County will evaluate responsive proposals and assign a numerical score in each category, not
to exceed the maximum allowed score for that category, as determined through the Offeror’s
attention to the factor detailed in the following sections. The amount of discussion to be applied
to each listed topic is an individual choice of the Offeror; however, discussion should be detailed
enough to inform and educate the Evaluation Committee Members.
Proposals will be scored based upon a comparison of the information submitted by each Offeror
against the evaluation factors outlined below. Each Evaluation Factor is assigned the following
points:
1. Introduction ....................................................................................................... 100 points 2. Technical Competence & Specialized Experience ........................................ 300 points 3. Evidence of Understanding Scope .................................................................... 300 points 4. Capacity & Capability ....................................................................................... 300 points
TOTAL POINTS ...................................................................................... 1000 points
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PREFERENCES
If a proposal contains an In-State Resident Business Certificate or Resident Veterans
Business Certificate and/or Santa Fe County Business Certificate, the applicable
preference will be applied.
5. Proposal contains a valid N.M. Resident
Business Certificate………………………………..………………..50 points
OR
6. Proposal contains a valid Resident Veteran
Business Certificate………………………………………………… 100 points
AND
7. Proposal contains a valid Santa Fe County
Business Certificate………………………………….……………….50 points
B. EVALUATION PROCESS
The evaluation process will follow the steps listed below:
1. All proposals will be reviewed for compliance with the mandatory specifications
stated within the RFP. Proposals deemed non-responsive will be eliminated from
further consideration.
2. The Procurement Manager may contact the Offeror for clarification of the response as
specified in Section III, Paragraph B.7.
3. The Evaluation Committee may use other sources of information to perform the
evaluation as specified in Section III, Paragraph C.18.
4. Responsive proposals will be evaluated using the factors in Section V. The
responsible Offerors with the highest scores will be selected as finalist Offerors
based upon the proposals submitted. Finalist Offerors who are asked or choose to
submit revised proposals for the purpose of obtaining best and final offers will have
their points recalculated accordingly. The responsible Offeror whose proposal is
most advantageous to the County, taking into consideration the evaluation factors in
Section VI, will be recommended for contract award as specified in Section III,
Paragraph B.12. Please note, however, that a serious deficiency in the response to
any one factor may be grounds for rejection regardless of overall score.
5. Past performance in a project for the County (See Section V.C.3 above) is a significant
consideration of the evaluation and poor performance on a prior County project may
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result in a lower number of points awarded to a proposal for this element of the
evaluation.
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APPENDIX A
ACKNOWLEDGEMENT OF RECEIPT FORM
SANTA FE COUNTY
ELECTRONIC MEDICAL AND FIRE REPORTING SYSTEM FOR SANTA FE
COUNTY FIRE DEPARTMENT (SFCFD)
RFP NO. 2021-0030-FD/MM In acknowledgement of receipt of this Request for Proposal the undersigned agrees that he/she has
received a complete copy, beginning with the title page and table of contents, and ending with
Appendix E.
The acknowledgement of receipt should be signed and returned to the Procurement Manager no later
than close of business on October 12, 2020. Only potential Offerors who elect to return this form
completed with the indicated intention of submitting a proposal will receive copies of all Offeror
written questions and the County's written responses to those questions as well as RFP amendments, if
any are issued.
FIRM: _________________________________________________________________
REPRESENTED BY: _____________________________________________________
TITLE: ________________________________ PHONE NO.: ____________________
E-MAIL: ___________________________ FAX NO.: ________________________
ADDRESS: _____________________________________________________________
CITY: __________________________ STATE: ________ ZIP CODE: _____________
SIGNATURE: ___________________________________ DATE: _________________
This name and address will be used for all correspondence related to the Request for Proposal.
Firm does/does not (circle one) intend to respond to this Request for Proposals.
Maricela Martinez, Procurement Planner Analyst
Santa Fe County Purchasing Division
142 W. Palace Avenue (Second Floor)
Santa Fe, New Mexico 87501
Phone: (505) 992-9864
Fax: (505) 989-3243
Email: [email protected]
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APPENDIX B
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with
any state agency or local public body for professional services, a design and build project
delivery system, or the design and installation of measures the primary purpose of which is
to conserve natural resources must file this form with that state agency or local public body.
This form must be filed even if the contract qualifies as a small purchase or a sole source contract.
The prospective contractor must disclose whether they, a family member or a representative of the
prospective contractor has made a campaign contribution to an applicable public official of the
state or a local public body during the two years prior to the date on which the contractor submits
a proposal or, in the case of a sole source or small purchase contract, the two years prior to the
date the contractor signs the contract, if the aggregate total of contributions given by the
prospective contractor, a family member or a representative of the prospective contractor to the
public official exceeds two hundred and fifty dollars ($250) over the two year period.
Furthermore, the state agency or local public body shall void an executed contract or cancel a
solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family
member of the prospective contractor, or a representative of the prospective contractor gives a
campaign contribution or other thing of value to an applicable public official or the applicable
public official’s employees during the pendency of the procurement process or 2) a prospective
contractor fails to submit a fully completed disclosure statement pursuant to the law.
THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR
NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY
CONTRIBUTIONS SUBJECT TO DISCLOSURE.
The following definitions apply:
“Applicable public official” means a person elected to an office or a person appointed to
complete a term of an elected office, who has the authority to award or influence
the award of the contract for which the prospective contractor is submitting a
competitive sealed proposal or who has the authority to negotiate a sole source or
small purchase contract that may be awarded without submission of a sealed
competitive proposal.
“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money
or other thing of value, including the estimated value of an in-kind contribution, that is
made to or received by an applicable public official or any person authorized to raise,
collect or expend contributions on that official’s behalf for the purpose of electing the
official to either statewide or local office. “Campaign Contribution” includes the payment
of a debt incurred in an election campaign, but does not include the value of services
provided without compensation or unreimbursed travel or other personal expenses of
individuals who volunteer a portion or all of their time on behalf of a candidate or political
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committee, nor does it include the administrative or solicitation expenses of a political
committee that are paid by an organization that sponsors the committee.
“Family member” means spouse, father, mother, child, father-in-law, mother-in-law,
daughter-in-law or son-in-law.
“Pendency of the procurement process” means the time period commencing with the
public notice of the request for proposals and ending with the award of the contract or the
cancellation of the request for proposals.
“Person” means any corporation, partnership, individual, joint venture, association or
any other private legal entity.
“Prospective contractor” means a person who is subject to the competitive sealed
proposal process set forth in the Procurement Code or is not required to submit a
competitive sealed proposal because that person qualifies for a sole source or a small
purchase contract.
“Representative of a prospective contractor” means an officer or director of a
corporation, a member or manager of a limited liability corporation, a partner of a
partnership or a trustee of a trust of the prospective contractor.
DISCLOSURE OF CONTRIBUTIONS:
Contribution Made By: __________________________________________
Relation to Prospective Contractor: __________________________________________
Name of Applicable Public Official: _________________________________________
Date Contribution(s) Made: __________________________________________
__________________________________________
Amount(s) of Contribution(s) __________________________________________
__________________________________________
Nature of Contribution(s) __________________________________________
__________________________________________
Purpose of Contribution(s) __________________________________________
__________________________________________
(Attach extra pages if necessary)
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___________________________ _______________________
Signature Date
___________________________
Title (position)
--OR—
NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY
DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or
representative.
______________________________ _______________________
Signature Date
______________________________
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APPENDIX C
RESIDENT VETERANS PREFERENCE CERTIFICATION
____________________________ (NAME OF CONTRACTOR) hereby certifies the following in
regard to application of the resident veterans’ preference to this procurement.
Please check one box only:
I declare under penalty of perjury that my business prior year revenue starting January 1 ending
December 31 is less than $1M allowing me the 10% preference discount on this solicitation. I understand
that knowingly giving false or misleading information about this fact constitutes a crime.
“I agree to submit a report or reports to the State Purchasing Division of the General Services
Department declaring under penalty of perjury that during the last calendar year starting January 1 and ending
on December 31, the following to be true and accurate:
“In conjunction with this procurement and the requirements of this business application for a
Resident Veteran Business Preference/Resident Veteran Contractor Preference under Sections 13-1-21 or
13-1-22 NMSA 1978, which awarded a contract which was on the basis of having such veterans preference,
I agree to report to the State Purchasing Division of the General Services Department the awarded amount
involved. I will indicate in the report the award amount as a purchase from a public body or as a public
works contract from a public body as the case may be.”
“I understand that knowingly giving false or misleading information on this report constitutes a
crime”.
I declare under penalty of perjury that this statement is true to the best of my knowledge. I understand that
giving false or misleading statements about material fact regarding this matter constitutes a crime.
_________________________________________ ___________________
(Signature of Business Representative)* (Date)
*Must be an authorized signatory of the Business.
The representations made in checking the boxes constitutes a material representation by the business that is
subject to protest and may result in denial of an award or un-award of the procurement involved if the
statements are proven to be incorrect.
SIGNED AND SEALED THIS__________DAY OF ________________, 2020.
________________________________________
NOTARY PUBLIC
My Commission Expires:
___________________________________
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APPENDIX D
PROPOSED FEE SCHEDULE (APPENDIX D IS TO BE SUBMITTED WITH THE ORIGINAL PROPOSAL ONLY OR IF SUBMITTING ELECTRONICALLY VIA
DROPBOX, SEND IN A SEPARATE FILE NAMED PROPOSED FEE SCHEDULE)
Vendor Name: _________________________ Address:_____________________________
Phone:________________________________ Email:_______________________________
Please offer your best price for all services as specified in the RFP’s Scope of Work.
Please also include a cost proposal summary which includes the implementation schedule for each task, deliverables, estimated time frame and man hours.
Cost for Implementation thru Production: $ ______________________ On-going annual maintenance and support after acceptance: $_____________ Hosting costs: $_______________
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APPENDIX E
SAMPLE AGREEMENT
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SERVICE AGREEMENT
BETWEEN SANTA FE COUNTY AND
[NAME OF CONTRACTOR OR VENDOR]
FOR ELECTRONIC MEDICAL AND FIRE REPORTING SOFTWARE SYSTEM
THIS AGREEMENT is made and entered into this ______ day of _______________ 2020, by and
between SANTA FE COUNTY, hereinafter referred to as the “County” and [CONTRACTOR’S NAME],
whose principal address is [CONTRACTOR’S ADDRESS] hereinafter referred to as the “Contractor”.
WHEREAS, the Santa Fe County Fire Department (SFCFD) provides ambulance and medical
services; and
WHEREAS, pursuant to NMSA 1978 13-1-112, the County issued Request for Proposal (RFP) No.
2021-0030-FD/MM to solicit for electronic medical and fire reporting software system; and
WHEREAS, the County determines the Contractor is the most qualified offeror; and
WHEREAS, the County requires the services of the Contractor and the Contractor is willing to
provide these services and both parties wish to enter into this Agreement.
NOW, THEREFORE, it is agreed between the parties:
1. SCOPE OF WORK
The Contractor shall provide, without limitation, the following services.
A. Contractor shall design and implement Electronic Medical and Fire Reporting System
for the Santa Fe County Fire Department (SFCFD).
B. Contractor shall comply with Health Insurance Portability and Accountability Act
(HIPAA) and the Health Information Technology for Economic and Clinical Health
(HITECH) Act.
C. Contractor shall abide by all New Mexico State, Federal Statutes and Regulations.
2. ADDITIONAL SERVICES
A. The parties agree that all tasks set forth in Section 1 (Scope of Work), of this Agreement
shall be completed in full, to the satisfaction of the County, in accordance with professional standards and
for the amount set forth in Section 3 (Compensation, Invoicing and Set-off), of this Agreement, and for no
other cost, amount, fee or expense.
B. The County may from time to time request changes in the scope of work to be performed
hereunder. Such changes, including any increase or decrease in the amount of the Contractor’s
compensation, which are mutually agreed upon by and between the County and the Contractor, shall be
incorporated in a written amendment to this Agreement.
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3. COMPENSATION, INVOICING AND SET-OFF
A. In consideration of its obligations under this Agreement the Contractor shall be compensated
as described in Exhibit A Proposed Fee Schedule.
B. The Contractor shall submit a written request for payment to the County when payment is
due under this Agreement. Upon the County’s receipt of the written request, the County shall issue a written
certification of complete or partial acceptance or rejection of the deliverables for which payment is sought.
1) The County’s representative for certification of acceptance or rejection of
contractual items and services shall be______________________________, or
such other individual as may be designated in the absence of the County
representative.
2) The Contractor acknowledges and agrees that the County may not make any
payment hereunder unless and until it has issued a written certification accepting the
contractual services or deliverables.
3) Within 30 days of the issuance of a written certification accepting the services or
deliverables, the County shall tender payment for the accepted items or services. In
the event the County fails to tender payment within 30 days of the written
certification accepting the items or services, the County shall pay late payment
charges of one and one-half percent (1.5%) per month, until the amount due is paid
in full.
C. In the event the Contractor breaches this Agreement, the County may, without penalty,
withhold any payments due the Contractor for the purpose of set-off until such time as the County determines
the exact amount of damages it suffered as a result of the breach.
D. Payment under this Agreement shall not foreclose the right of the County to recover
excessive or illegal payment.
4. EFFECTIVE DATE AND TERM
This Agreement shall, upon due execution by all parties, become effective as of the date first written above
and shall terminate one year later, unless earlier terminated pursuant to Section 5 (Termination) or Section 6
(Appropriations and Authorizations). The County has the option to extend the term of this Agreement in one
year increments not to exceed four years in total
5. TERMINATION
A. Termination of Agreement for Cause. Either party may terminate the Agreement based
upon any material breach of this Agreement by the other party. The non-breaching party shall give the
breaching party written notice of termination specifying the grounds for the termination. The termination
shall be effective 30 days from the breaching party’s receipt of the notice of termination, during which time
the breaching party shall have the right to cure the breach. If, however, the breach cannot with due diligence
be cured within 30 days, the breaching party shall have a reasonable time to cure the breach, provided that,
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within 30 days of its receipt of the written notice of termination, the breaching party began to cure the breach
and advised the non-breaching party in writing that it intended to cure.
B. Termination for Convenience of the County. The County may, in its discretion, terminate
this Agreement at any time for any reason by giving the Contractor written notice of termination. The notice
shall specify the effective date of termination, which shall not be less than 15 days from the Contractor’s
receipt of the notice. The County shall pay the Contractor for acceptable work, determined in accordance
with the specifications and standards set forth in this Agreement, performed before the effective date of
termination but shall not be liable for any work performed after the effective date of termination.
6. APPROPRIATIONS AND AUTHORIZATIONS
This Agreement is contingent upon sufficient appropriations and authorizations being made for performance
of this Agreement by the Board of County Commissioners of the County and/or, if state funds are involved,
the Legislature of the State of New Mexico. If sufficient appropriations and authorizations are not made in
this or future fiscal years, this Agreement shall terminate upon written notice by the County to the Contractor.
Such termination shall be without penalty to the County, and the County shall have no duty to reimburse the
Contractor for expenditures made in the performance of this Agreement. The County is expressly not
committed to expenditure of any funds until such time as they are programmed, budgeted, encumbered and
approved for expenditure by the County. The County’s decision as to whether sufficient appropriations and
authorizations have been made for the fulfillment of this Agreement shall be final and not subject to challenge
by the Contractor in any way or forum, including a lawsuit.
7. INDEPENDENT CONTRACTOR
The Contractor and its agents and employees are independent contractors and are not employees or agents
of the County. Accordingly, the Contractor and its agents and employees shall not accrue leave, participate
in retirement plans, insurance plans, or liability bonding, use County vehicles, or participate in any other
benefits afforded to employees of the County. Except as may be expressly authorized elsewhere in this
Agreement, the Contractor has no authority to bind, represent, or otherwise act on behalf of the County and
agrees not to purport to do so.
8. ASSIGNMENT
The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due
or to become due under this Agreement without the advance written approval of the County. Any attempted
assignment or transfer without the County’s advance written approval shall be null and void and without any
legal effect.
9. SUBCONTRACTING
The Contractor shall not subcontract or delegate any portion of the services to be performed under this
Agreement without the advance written approval of the County. Any attempted subcontracting or
delegating without the County’s advance written approval shall be null and void and without any legal effect.
10. PERSONNEL
A. All work performed under this Agreement shall be performed by the Contractor or under its
supervision.
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B. The Contractor represents that it has, or will secure at its own expense, all personnel
required to discharge its obligations under this Agreement. Such personnel (i) shall not be employees of or
have any contractual relationships with the County and (ii) shall be fully qualified and licensed or otherwise
authorized or permitted under federal, state, and local law to perform such work.
11. RELEASE
Upon its receipt of all payments due under this Agreement, the Contractor releases the County, its elected
officials, officers, agents and employees from all liabilities, claims, and obligations
whatsoever arising from or under or relating to this Agreement.
12. CONFIDENTIALITY
Any confidential information provided to or developed by the Contractor in the performance of this
Agreement shall be kept confidential and shall not be made available to any individual or organization by
the Contractor without the prior written approval of the County.
13. PUBLICATION, REPRODUCTION, AND USE OF MATERIAL; COPYRIGHT
A. The County has the unrestricted right to publish, disclose, distribute and otherwise use,
in whole or in part, any reports, data, or other material prepared under or pursuant
to this Agreement.
B. The Contractor acknowledges and agrees that any material produced in whole or in part
under or pursuant to this Agreement is a work made for hire. Accordingly, to the extent that any such
material is copyrightable in the United States or in any other country, the County shall own any such
copyright.
14. CONFLICT OF INTEREST
The Contractor represents that it has no and shall not acquire any interest, direct or indirect, that would
conflict in any manner or degree with the performance of its obligations under this Agreement.
15. NO ORAL MODIFICATIONS; WRITTEN AMENDMENTS REQUIRED
This Agreement may not be modified, altered, changed, or amended orally but, rather, only by an instrument
in writing executed by the parties hereto. The Contractor specifically acknowledges and agrees that the
County shall not be responsible for any changes to Section 1 (Scope of Work), of this Agreement unless such
changes are set forth in a duly executed written amendment to this Agreement.
16. ENTIRE AGREEMENT; INTEGRATION
This Agreement incorporates all the agreements, covenants, and understandings between the parties hereto
concerning the subject matter hereof, and all such agreements, covenants and understandings have been
merged into this written Agreement. No prior or contemporaneous agreement, covenant or understandings,
verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this
Agreement.
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17. NOTICE OF PENALTIES
The Procurement Code, NMSA 1978, Sections 13-1-28 through 13-1-199, imposes civil and criminal
penalties for its violation. In addition, New Mexico criminal statutes impose felony penalties for bribes,
gratuities, and kickbacks.
18. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
A. The Contractor agrees to abide by all federal, state, and local laws, ordinances, and rules
and regulations pertaining to equal employment opportunity and unlawful discrimination. Without in any
way limiting the foregoing general obligation, the Contractor specifically agrees not to discriminate against
any person with regard to employment with the Contractor or participation in any program or activity offered
pursuant to this Agreement on the grounds of race, age, religion, color, national origin, ancestry, sex, physical
or mental handicap, serious medical condition, spousal affiliation, sexual orientation, or gender identity.
B. The Contractor acknowledges and agrees that failure to comply with this Section shall
constitute a material breach of this Agreement.
19. COMPLIANCE WITH APPLICABLE LAW; CHOICE OF LAW
A. In performing its obligations hereunder, the Contractor shall comply with all applicable
laws, ordinances, and regulations.
B. Contractor shall comply with the requirements of Santa Fe County Ordinance 2014-1
(Establishing a Living Wage).
C. This Agreement shall be construed in accordance with the substantive laws of the State of
New Mexico, without regard to its choice of law rules. Contractor and the County agree that the exclusive
forum for any litigation between them arising out of or related to this Agreement shall be state district courts
of New Mexico, located in Santa Fe County.
20. RECORDS AND INSPECTIONS
A. To the extent its books and records relate to (i) its performance of this Agreement or any
subcontract entered into pursuant to it or (ii) cost or pricing data (if any) set forth in this Agreement or that
was required to be submitted to the County as part of the procurement process, the Contractor agrees to (i)
maintain such books and records during the term of this Agreement and for a period of six years from the
date of final payment under this Agreement; (ii) allow the County or its designee to audit such books and
records at reasonable times and upon reasonable notice; and (iii) to keep such books and records in
accordance with generally accepted accounting principles (GAAP).
B. To the extent its books and records relate to (i) its performance of this Agreement or any
subcontract entered into pursuant to it or (ii) cost or pricing data (if any) set forth in this Agreement or that
was required to be submitted to County as part of the procurement process, the Contractor also agrees to
require any subcontractor it may hire to perform its obligations under this Agreement to (i) maintain such
books and records during the term of this Agreement and for a period of six years from the date of final
payment under the subcontract; (ii) to allow the County or its designee to audit such books and records at
reasonable times and upon reasonable notice; and (iii) to keep such books and records in accordance with
GAAP.
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21. INDEMNIFICATION
A. The Contractor shall defend, indemnify, and hold harmless the County and its elected
officials, agents, and employees from any losses, liabilities, damages, demands, suits, causes of action,
judgments, costs or expenses (including but not limited to court costs and attorneys’ fees) resulting from or
directly or indirectly arising out of the Contractor’s performance or non-performance of its obligations under
this Agreement, including but not limited to the Contractor’s breach of any representation or warranty made
herein.
B. The Contractor agrees that the County shall have the right to control and participate in
the defense of any such demand, suit, or cause of action concerning matters that relate to the County and that
such suit will not be settled without the County's consent, such consent not to be unreasonably withheld. If
a conflict exists between the interests of the County and the Contractor in such demand, suit, or cause of
action, the County may retain its own counsel to represent the County’s interest.
C. The Contractor’s obligations under this section shall not be limited by the provisions of any
insurance policy the Contractor is required to maintain under this Agreement.
22. SEVERABILITY
If any term or condition of this Agreement shall be held invalid or non-enforceable by any court of competent
jurisdiction, the remainder of this Agreement shall not be affected and shall be valid and enforceable to the
fullest extent of the law.
23. NOTICES Any notice required to be given to either party by this Agreement shall be in writing and shall be delivered
in person, by courier service or by U.S. mail, either first class or certified, return receipt requested, postage
prepaid, as follows:
To the County: Santa Fe County Fire Department
Attn: Santa Fe County Fire Chief
35 Camino Justicia
Santa Fe, New Mexico 87508
To the Contractor: [CONTRACTOR’S NAME AND ADDRESS]
24. CONTRACTOR’S REPRESENTATIONS AND WARRANTIES
The Contractor hereby represents and warrants that:
A. This Agreement has been duly authorized by the Contractor, the person executing this
Agreement has authority to do so, and, once executed by the Contractor, this Agreement shall constitute a
binding obligation of the Contractor.
B. This Agreement and Contractor’s obligations hereunder do not conflict with
Contractor’s corporate agreement or any statement filed with the New Mexico Secretary of State on
Contractor’s behalf.
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C. Contractor is legally registered and is properly licensed by the State of New Mexico to
provide the services anticipated by this Agreement and shall maintain such registration and licensure in
good standing throughout the duration of the Agreement.
25. FACSIMILE SIGNATURES
The parties hereto agree that a facsimile signature has the same force and effect as an original for all
purposes.
26. NO THIRD-PARTY BENEFICIARIES
This Agreement was not intended to and does not create any rights in any persons not a party hereto.
27. INSURANCE
A. General Conditions. The Contractor shall submit evidence of insurance as is required
herein. Policies of insurance shall be written by companies authorized to write such insurance in New
Mexico.
B. General Liability Insurance, Including Automobile. The Contractor shall procure and
maintain during the life of this Agreement a comprehensive general liability and automobile insurance policy
with liability limits in amounts not less than $1,000,000.00 combined single limits of liability for bodily
injury, including death, and property damage for any one occurrence. Said policies of insurance shall
include coverage for all operations performed for the County by the Contractor; coverage for the use of all
owned, non-owned, hired automobiles, vehicles and other equipment, both on and off work; and contractual
liability coverage under which this Agreement is an insured contract. Santa Fe County shall be a named
additional insured on the policy.
C. Increased Limits. If, during the life of this Agreement, the Legislature of the State of New
Mexico increases the maximum limits of liability under the Tort Claims Act (NMSA 1978, Sections 41-4-1
through 41-4-29, as amended), the Contractor shall increase the maximum limits of any insurance required
herein.
28. PERMITS, FEES, AND LICENSES
Contractor shall procure all permits and licenses, pay all charges, fees, and royalties, and give all notices
necessary and incidental to the due and lawful performance of its obligations hereunder.
29. NEW MEXICO TORT CLAIMS ACT
No provision of this Agreement modifies or waives any sovereign immunity or limitation of liability enjoyed
by County or its “public employees” at common law or under the New Mexico Tort Claims Act, NMSA
1978, Section 41-4-1, et seq.
30. CAMPAIGN CONTRIBUTION DISCLOSURE FORM
The Contractor agrees to compute and submit simultaneous with execution of this Agreement a Campaign
Contribution Disclosure form approved by the County.
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31. APPOINTMENT OF AGENT FOR SERVICE OF PROCESS
The Contractor hereby irrevocably appoints [NAME AND ADDRESS OF AGENT], as its agent upon
whom process and writs in any action or proceeding arising out of or related to this Agreement may be
served. The Contractor acknowledges and agrees that service upon its designated agent shall have the same
effect as though the Contractor were actually and personally served within the state of New Mexico.
32. SURVIVAL
The provisions of following paragraphs shall survive termination of this Contract; INDEMNIFICATION;
RECORDS AND INSPECTION; RELEASE, CONFIDENTIALITY, PUBLICATION, REPRODUCTION,
AND USE OF MATERIAL; COPYRIGHT; COMPLIANCE WITH APPLICABLE LAW; CHOICE OF
LAW; NO THIRD-PARTY BENEFICIARIES; SURVIVAL.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first written
above.
SANTA FE COUNTY
___________________________ ___________
Katherine Miller Date
County Manager
Approved as to form
___________________________ ____________
Gregory S. Shaffer Date
County Attorney
Finance Department
___________________________ ____________
Yvonne S. Herrera Date
Finance Director
CONTRACTOR:
___________________________ ____________
(Signature) Date
____________________________
(Print name & title)
